International standards for the protection of women against gender-based violence applied to predictive artificial intelligence

Abstract

This article describes the international standards for the protection of human rights related to gender-based violence against women, applied to predictive systems deriving from tools using artificial intelligence, specifically, VioGén from Spain. To this end, a qualitative methodology with a descriptive scope is applied, using synthetic and exploratory methods of information from legal theory sources and official reports on the use of these tools. This is also verified by means of computer science methods explaining the architecture of the algorithms. Then, the study compares the international guarantees of the States that protect the human rights of women who are victims of gender-based violence. As a result, VioGén encompasses the roles of prevention, protection, research, coordination, surveillance, and data collection. However, the study identifies challenges in the approach to some types of gender-based violence against women and the application of this tool in the obligations of prosecution and punishment.